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Wisconsin Court of Appeals: 2nd applies to switchblades too

Posted: Thu, 26 Nov 2015 04:09:24
by AlanM
Home possession of switchblade knives protected by the Second Amendment
So the Wisconsin Court of Appeals held today in State v. Herrmann. The court concluded that the Second Amendment protects knives as well as guns, because, among other things,

Knives are no more lethal than handguns.

“Although the Heller Court emphasized that handguns are frequently used for self-defense, we do not think Heller can be read to create different levels of protection for different types of arms that fall under the Second Amendment, based on their popularity,” especially given that the lack of popularity of switchblades may stem from their prohibition in many states.

Switchblades have certain advantages over guns and other knives for some people: “An automatic knife is safer than a gun or a fixed blade knife and can be just as effective. For safety reasons people with children may not want guns around the house. People with limited financial resources who may not be able to afford a proper gun likely would be able to afford an effective $10 automatic knife. Finally, for people who are excluded from lawful gun ownership, an automatic knife may be the most effective arm available.”

Re: Wisconsin Court of Appeals: 2nd applies to switchblades too

Posted: Thu, 26 Nov 2015 09:48:22
by dusterdude
Cool

Re: Wisconsin Court of Appeals: 2nd applies to switchblades too

Posted: Thu, 26 Nov 2015 12:55:25
by MarcSpaz
That's a huge step in the right direction. Ownership is flat-out banned in 16 states. Two additional states have ridiculous laws, like they are legal if the blade is less than 1.5 inches. Might as well consider them illegal there too. They are illegal to open carry in 19 states and illegal to CC in 33 states. In NY, you need a permit to buy a switchblade and a permit to CC a switchblade.

Just nuts if you ask me. I can legally carry a gun in 42 states with little restriction, but I can't carry a knife. Got to love it.

Re: Wisconsin Court of Appeals: 2nd applies to switchblades too

Posted: Thu, 26 Nov 2015 18:36:33
by WRW
I remember seeing them in novelty shops around Ocean View Amusement Park. Wikipedia says it was a ladies magazine and a Democrat speech writer that whipped up the frenzy that got the knives banned...

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Re: Wisconsin Court of Appeals: 2nd applies to switchblades too

Posted: Thu, 26 Nov 2015 20:06:04
by MarcSpaz
I have to read about that. Sounds interesting.